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Tier 2 ICT to ILR, Absence and English

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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kimuinteractive
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Posts: 18
Joined: Tue Aug 05, 2014 1:53 pm

Tier 2 ICT to ILR, Absence and English

Post by kimuinteractive » Wed Jan 21, 2015 12:35 pm

Hi Members

Basic information on my case
Date of Application for Tier 2 ICT initial visa : 30 March 2010
Date on Visa 1 : 14 April 2010 to 14 April 2013
Date of First entry to UK : 09 May 2010
Date on Visa 2 (BRP) (extension application): 16 April 2013 to 29 April 2016

I have been working in UK for the past 5 years (nearer). I am planning to apply for settlement on or after 16 March 2015.
I have not violated any rules and have not been out of country for more than 180 days in any consecutive year.

As per the Immigration law, I am eligible for Settlement. I have 3 questions regarding my application

1. When is the earliest date that I can apply for Settlement? My understanding is that it can be from 16 March 2015 (28 days before 14 April 2010).
Is my understanding correct?

2. If my understanding above is correct and assume, that I apply for ILR on 16 March 2015,
What will be the reason for absence that I need to put in the employment document between 16 March 2010 and 8 May 2010 ( 54 days)

3. English Language requirement

When I had extended my application on 16 April 2013, I had to prove English language requirement.
I had proved it using my Bachelors certficate (BE (Hons.))from BITS pilani(India) and
the immigration officer in his letter (signed under Secretary of State on 14 April 2013) had written to me, that I have satisfied the English requirement
and he is granting 10 points for this. I have the original of this letter written to me while approving my extension.

Now when I go to the PBS Calculator I cannot find BITS pilani (India) in their list of colleges/courses to claim 10 points.
Obviously I selected 'Yes' even though the calculator says select 'No'.

Can I claim my English language requirement for ILR based on the fact that I have already proved the English language requirement ?
or
Should I take a new ESOL test ?

Could you please advice me on my above questions.
Thanks in advance !!!

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